Decree 30/2022/ND-CP prescribing the management model of national tourist areas

DECREE

Providing the model of management of national tourist zones^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and Law on Organization of Local Administration;

Pursuant to the June 19, 2017 Law on Tourism;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates the Decree providing the model of management of national tourist zones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the model of management of national tourist zones, including forms of organization of national tourist zone management; tasks and powers of national tourist zone-managing organizations; responsibilities of agencies, organizations and individuals involved in the management of national tourist zones.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals, foreign organizations and individuals involved in the model of management of national tourist zones specified in this Decree.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. National tourist zone-managing organization means an organization established and having functions, tasks and powers to manage a national tourist zone.

2. Enterprise investing in the formation of a national tourist zone means an enterprise investing in the construction, management and exploitation of a national tourist zone and established and operating in accordance with the law on enterprises.

3. Auxiliary services for the development of national tourist zones mean services that meet needs of organizations and individuals in order to promote investment in, and exploitation of, tourist services, attract tourists, and improve quality of tourist services provided by national tourist zone-managing organizations at national tourist zones.

4. Specialized management board means a management board established in accordance with the laws on cultural heritages, forestry, biodiversity, fisheries and other related sectors and fields.

Chapter II

FORMS OF ORGANIZATION OF NATIONAL TOURIST ZONE MANAGEMENT

Article 4. Forms of organization of national tourist zone management

Forms of organization of national tourist zone management include:

1. Units managing national tourist zones under the management of ministries or ministerial-level agencies.

2. Boards managing national tourist zones under the management of People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees).

3. Enterprises investing in the formation of national tourist zones.

Article 5. Units managing national tourist zones under the management of ministries or ministerial-level agencies

1. National tourist zone-managing units are administrative organizations of ministries or ministerial-level agencies. The establishment, reorganization and dissolution of national tourist zone-managing units specified in this Clause must comply with regulations on establishment, reorganization and dissolution of administrative organizations.

2. National tourist zone-managing units are public non-business units of ministries or ministerial-level agencies. The establishment, reorganization and dissolution of national tourist zone-managing units specified in this Clause must comply with regulations on establishment, reorganization and dissolution of public non-business units.

3. Organizational structure of national tourist zone-managing units

a/ The organizational structure of national tourist zone-managing units specified in Clause 1 of this Article must comply with regulations on establishment, reorganization and dissolution of administrative organizations;

b/ National tourist zone-managing units specified in Clause 2 of this Article enjoy autonomy in organizational apparatus in accordance with regulations on establishment, reorganization and dissolution of public non-business units.

Article 6. Boards managing national tourist zones under the management of provincial-level People’s Committees

1. The provincial-level People’s Committee of a locality where a national tourist zone is located shall select and establish or reorganize a national tourist zone management board in one of the following cases:

a/ Establishment or reorganization of a management board being a public non-business unit of the provincial-level People’s Committee for management of the national tourist zone;

b/ Reorganization of a specialized management board being a public non-business unit into a public non-business unit of the provincial-level People’s Committee for management of the national tourist zone and performance of the functions and tasks as specified by relevant regulations.

2. A provincial-level People’s Committee shall propose to the Prime Minister the establishment or reorganization of a management board under Clause 1 of this Article for management of the part of a national tourist zone lying in its locality in case the national tourist zone is located in 2 or more provincial-level administrative units.

3. A national tourist zone-managing board shall be established or reorganized after the national tourist zone is recognized under Article 28 of the Law on Tourism.

4. Based on practical conditions of its locality, a provincial-level People’s Committee may assign a national tourist zone-managing board to manage one or more tourist zones in its locality.

5. National tourist zone-managing boards enjoy autonomy in organizational apparatus in accordance with regulations on establishment, reorganization and dissolution of public non-business units.

6. The order and procedures for establishment, reorganization and dissolution of national tourist zone-managing boards must comply with regulations on establishment, reorganization and dissolution of public non-business units.

Article 7. Enterprises investing in the formation of national tourist zones

The organizational structure and operation of enterprises investing in the formation of national tourist zones must comply with the law on enterprises and relevant laws.

Chapter III 

TASKS AND POWERS OF NATIONAL TOURIST ZONE-MANAGING ORGANIZATIONS

Article 8. Tasks and powers of units managing national tourist zones under the management of ministries or ministerial-level agencies

Tasks and powers of units managing national tourist zones under the management of ministries or ministerial-level agencies shall be decided by competent agencies in accordance with regulations on establishment, reorganization and dissolution of administrative organizations or public non-business units.

Article 9. Tasks and powers of boards managing national tourist zones under the management of provincial-level People’s Committees

1. Tasks and powers to serve the state management

a/ To study, formulate and submit to provincial-level People’s Committees for promulgation according to their competence, or submit to provincial-level People’s Councils for promulgation long-term, medium-term and annual national tourist zone development plans and organize the implementation of such plans after they are approved; specific guidelines and policies, incentive policies to attract investment in national tourist zones; investment programs and projects on development of national tourist zones in line with national, sectoral, regional and provincial master plans; and norms and price brackets of auxiliary services for development of national tourist zones;

b/ To study, formulate and submit to provincial-level People’s Committees for promulgation regulations on coordinated management of national tourist zones located in 2 or more provincial-level administrative units; to formulate and sign regulations on coordinated management of national tourist zones with specialized management boards (if any);

c/ To give their opinions on investment projects and adjustments to master plans within national tourist zones;

d/ To manage, inspect and monitor the law observance by tourism service establishments, and related organizations and individuals; to supervise quality of tourist services within national tourist zones; to manage activities of on-spot tour guides; to make minutes of initial information on, and protect scenes and preserve exhibits of, violations, and promptly report violations to competent agencies, organizations and individuals for handling in accordance with law;

dd/ To formulate or coordinate with other local administrations or agencies in formulating and implement plans on management, development investment, protection, conservation, promotion of value, and diversification of tourism resources within national tourist zones in accordance with law;

e/ To ensure social order and security for tourists, fire prevention and fighting, rescue and environmental sanitation; to serve the national defense and security protection; to prevent management-related wrongdoings and violations within national tourist zones;

g/ To promulgate, disseminate, and guide the implementation of, internal rules and plans on environmental protection, plans on response to environmental incidents, and measures to ensure security and safety for tourists within national tourist zones;

h/ To study, evaluate and determine capacity of national tourist zones in order to manage and organize the efficient and sustainable exploitation and use of tourism resources;

i/ To implement the reporting regime under Article 12 of this Decree.

2. Tasks and powers in the provision of public services

a/ To organize and provide tour guide services for tourists; to provide auxiliary services for the development of national tourist zones; to enter into joint ventures or associations with other organizations and individuals to provide tourist services, and to manage and exploit tourism resources within national tourist zones;

b/ To study, build and develop products and brands of national tourist zones; to implement international cooperation programs; to carry out tourism promotion activities to introduce national tourist zones to domestic and international markets; to apply modern information technology to provide tourism information and publications;

c/ To organize training and retraining courses and provide knowledge about tourism operations, culture, behaviors and foreign language skills for staffs of management boards and employees and workers of enterprises and tourism service establishments within national tourist zones;

d/ To organize operation of tourist support centers and provide information within national tourist zones; to install signboards and instruction boards; to receive and settle complaints, feedback, recommendations, proposals and comments of tourists within national tourist zones;

dd/ To collect, remit, manage and use sightseeing charge, charges for auxiliary services for the development of national tourist zones, revenues earned by joint ventures or associations with organizations and individuals, property rental and other lawful revenues in accordance with law;

e/ To manage, use and take responsibility for funds and assets allocated to them, and manage annually allocated budget funds and other revenues in accordance with law;

g/ To perform other related tasks under regulations.

3. Tasks and powers of management boards specified at Point b, Clause 1, Article 6 of this Decree

a/ To perform their functions and tasks and exercise powers in accordance with relevant regulations;

b/ To perform the tasks and exercise the powers specified in Clauses 1 and 2 of this Article.

Article 10. Tasks and powers of enterprises investing in the formation of national tourist zones

1. To perform the tasks and exercise the powers specified at Points dd, e, g, h and i, Clause 1; Points a, b, c and d, Clause 2, Article 9 of this Decree.

2. To manage quality of tourist services within national tourist zones; to manage activities of on-spot tour guides.

Article 11. Coordination mechanism

1. The mechanism for coordination between units managing national tourist zones under the management of ministries or ministerial-level agencies and related agencies shall be implemented according to their functions and tasks decided by competent agencies under regulations on establishment, reorganization and dissolution of administrative organizations or  public non-business units.

2. The coordination mechanism for boards managing national tourist zones under the management of provincial-level People’s Committees

a/ Management boards shall act as focal points assuming the prime responsibility for, and coordinating with related agencies and organizations in, managing and developing national tourist zones;

b/ Specialized agencies of provincial-level People’s Committees shall base themselves on their functions, tasks and powers to coordinate with management boards in performing tasks related to the management and development of national tourist zones;

c/ People’s Committees of districts and communes where national tourist zones are located shall coordinate with management boards in maintaining security and social order, environmental sanitation, and performing other tasks in accordance with law;

d/ National tourist zone management boards shall assume the prime responsibility for, and coordinate with specialized management boards in, formulating regulations on coordinated management of national tourist zones.

3. The mechanism for coordination in the management of national tourist zones each of which is located in 2 or more provincial-level administrative units

a/ The provincial-level People’s Committee of a locality embracing the larger part of a national tourist zone shall assume the prime responsibility for, and coordinate with People’s Committees of localities embracing the remaining parts of the national tourist zone, formulating regulations on coordinated management of national tourist zones;

b/ Regulations on coordinated management of national tourist zones shall be signed by provincial-level People’s Committees of localities where such zones are located after receiving written consents of the Ministry of Culture, Sports and Tourism.

4. Contents of a regulation on coordinated management of a national tourist zone include its scope of regulation, subjects of application, the agency assuming the prime responsibility, coordinating agencies, principles and contents of coordination, working relationships between agencies and units, and organization of implementation.

Article 12. Reporting regime applicable to national tourist zone-managing boards

1. Management boards shall make regular and extraordinary reports in accordance with law, including:

a/ Biannual reports on management of national tourist zones;

b/ Annual reports on management of national tourist zones;

c/ Baseline statistical reports;

d/ Extraordinary reports.

2. Contents of reports

a/ Contents of biannual reports and annual reports must include evaluation of the implementation of contents of the national tourist zone management specified in Article 9 of this Decree (implementation results, difficulties and limitations during the implementation, causes of existing problems, operational orientations in the coming time, recommendations and proposals);

b/ Data cut-off dates must comply with current regulations on reporting regime and the deadline for report submission is June 20 (for biannual reports) or December 15 (for annual reports) every year. Particularly, financial reporting criteria must comply with regulations on financial reporting regime.

c/ Regular reports shall be sent to the Ministry of Culture, Sports and Tourism (through the Vietnam National Administration of Tourism) or provincial-level People’s Committees (through provincial-level specialized agencies in charge of tourism).

3. Baseline statistical reports; report recipients, report contents, submission deadline, reporting period and method of sending statistical reports must comply with current regulations on baseline statistical reporting regime applicable to establishments and enterprises operating in the field of tourism and managed and licensed by the tourism administration.

4. Extraordinary reports shall be made at the request of the Ministry of Culture, Sports and Tourism or provincial-level People’s Committees.

Article 13. Financial mechanism

1. Operation of national tourist zone-managing units specified in Clause 1, Article 5 of this Decree shall be funded by the state budget in accordance with law.

2. National tourist zone-managing units specified in Clause 2, Article 5 and national tourist zone management boards specified in Clause 1, Article 6 of this Decree shall implement the financial autonomy mechanism under regulations applicable to public non-business units that can cover their recurrent expenses and investment expenses, public non-business units that can cover their recurrent expenses or public non-business units that can partially cover their recurrent expenses.

Chapter IV

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN THE MANAGEMENT OF NATIONAL TOURIST ZONES

Article 14. Responsibilities of ministries and ministerial-level agencies

1. The Ministry of Culture, Sports and Tourism shall:

a/ Guide the implementation of legal documents, standards and technical regulations on management of national tourist zones;

b/ Set orientations for, and formulate master plans on, development of national tourist zones; set orientations for the conservation and promotion of cultural values of and training of human resources for national tourist zones;

c/ Participate in the appraisal of key schemes and projects, and national tourist zone development master plans;

d/ Support investment promotion and introduction of national tourist zones under national destination promotion programs;

dd/ Inspect and examine the observance of regulations on management and provision of tourist services in national tourist zones;

e/ Give its opinions on regulations on coordinated management of national tourist zones each of which is located in 2 or more provincial-level administrative units at the request of provincial-level People’s Committees of localities where such zones are located;

g/ Direct national tourist zone-managing units under its management to coordinate with specialized management boards in formulating and promulgating regulations on coordinated management of national tourist zones.

2. The Ministry of Natural Resources and Environment and Ministry of Agriculture and Rural Development shall:

a/ Jointly guide the implementation of legal documents, standards and technical regulations under their management on management of national tourist zones;

b/ Inspect and examine the implementation of legal documents under their management regarding national tourist zones;

c/ Participate in the appraisal of key schemes and projects, and national tourist zone development master plans;

d/ Direct national tourist zonemanaging units under their management to coordinate with specialized management boards in formulating and promulgating regulations on coordinated management of national tourist zones.

3. Responsibilities of other related ministries and ministerial-level agencies

Other related ministries and ministerial-level agencies shall, within the ambit of their functions, tasks and powers, implement Clause 2 of this Article.

Article 15. Responsibilities of People’s Committees at all levels

1. Provincial-level People’s Committees shall:

a/ Formulate and submit schemes on establishment or reorganization of management boards to the Prime Minister;

b/ Direct their specialized agencies, district-level People’s Committees and management boards in managing national tourist zones;

c/ Maintain conditions for recognition of national tourist zones;

d/ Assume the prime responsibility for, or coordinate with other provinces in, formulating and promulgating regulations on coordinated management of national tourist zones each of which is located in 2 or more provincial-level administrative units. Provincial-level People’s Committees shall assume the prime responsibility for formulating regulations on coordinated  management of national tourist zones and send draft regulations to the Ministry of Culture, Sports, and Tourism for comments;

dd/ Direct national tourist zone management boards in coordinating with specialized management boards in formulating and promulgating regulations on coordinated management of national tourist zones in their localities.

2. Responsibilities of People’s Committees of districts and communes where national tourist zones are located

People’s Committees of districts and communes where national tourist zones are located shall coordinate with national tourist zone-managing organizations in ensuring security, social order and environmental sanitation and performing other tasks in accordance with law.

Article 16. Responsibilities of specialized agencies of provincial-level People’s Committees

1. Provincial-level specialized agencies in charge of tourism shall:

a/ Advise provincial-level People’s Committees on performance of the state management of national tourist zones in their localities;

b/ Coordinate with national tourist zone-managing organizations in the management and development of national tourist zones;

c/ Support the promotion and introduction of national tourist zones under tourism promotion programs of their provinces or cities;

d/ Organize professional training and retraining for on-spot tour guides;

dd/ Assume the prime responsibility for, and coordinate with other agencies in, guiding, inspecting and examining the implementation of the tourism law by national tourist zone-managing organizations;

e/ Perform other tasks assigned by provincial-level People’s Committees.

2. Other related provincial-level specialized agencies shall:

a/ Assume the prime responsibility for, and coordinate with other agencies in, guiding, inspecting, examining and supervising the implementation of regulations on management of fields within national tourist zones and operation of national tourist zone-managing organizations;

b/ Coordinate with related agencies in managing and developing national tourist zones.

Article 17. Responsibilities of organizations and individuals

Organizations and individuals trading in goods and providing services in national tourist zones shall comply with regulations and internal rules of national tourist zones; maintain environmental sanitation, security, social order and protect tourism resources in national tourist zones.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18. Effect

This Decree takes effect on August 1, 2022.

Article 19. Transitional provisions

Within 24 months from the effective date of this Decree, national tourist zones that have been recognized shall reorganize their management boards in accordance with this Decree.

Article 20. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM